The Office of the Ombudsman must further establish the strength of its evidence against a former House leader after his camp challenged allegations linking him to supposed cash deliveries.
Veteran litigator Atty. Antonio ‘Audie’ Bucoy, a member of the Free Legal Assistance Group (FLAG) and the Movement of Attorneys for Brotherhood, Integrity and Nationalism Inc. (MABINI), said the evidentiary landscape of the case shifted after Leyte Rep. Ferdinand Martin G. Romualdez’s camp submitted rebuttals disputing claims that large amounts of money were delivered to him in connection with questioned flood-control projects.
‘The burden of evidence shifted back to the prosecution after the Romualdez camp answered and disputed the evidence initially presented against him,’ Bucoy said.
Bucoy explained that the burden of evidence initially moved to the defense after witnesses and materials were presented against Romualdez. However, after the former Speaker’s camp challenged the credibility of the allegations and submitted counter-affidavits, the evidentiary burden shifted back to those pursuing the complaint.
‘When evidence is presented by the prosecution and it is not challenged, it could create a basis for liability. But once the defense presents evidence that directly contradicts those claims, the burden of evidence shifts back to those making the accusations,’ Bucoy said.
Bucoy said that while the burden of proof remains with the prosecution or complainants, the burden of evidence may shift during proceedings as each side presents materials supporting or disputing the claims.
The Ombudsman has been investigating allegations linking Romualdez to supposed cash deliveries arising from alleged irregularities in flood-control projects. The accusations relied partly on accounts from former security personnel of former Ako Bicol Party-list Rep. Zaldy Co, who claimed that suitcases containing money were allegedly delivered to properties associated with the former Speaker.
Several individuals who initially linked Romualdez to the allegations have since withdrawn or challenged their earlier statements, including former Marine Orly Guteza. Romualdez’s camp has also submitted sworn statements from other former drivers and security aides disputing the alleged cash-delivery claims.
Bucoy said the rebuttal from Romualdez’s camp effectively returned the evidentiary challenge to the complainants, who must now demonstrate that the allegations are supported by reliable evidence despite the defenses raised against them.